Mayor: San Diego police won't be immigration officers

San Diego Mayor Kevin Faulconer, on the left, and Tijuana Mayor Juan Manuel Gastelum, center, walk into the historic Casa de la Cultura in Tijuana on March 13.

San Diego Mayor Kevin Faulconer, on the left, and Tijuana Mayor Juan Manuel Gastelum, center, walk into the historic Casa de la Cultura in Tijuana on March 13. (Alejandro Tamayo / The San Diego Union-Tribune)

Mayor Kevin Faulconer says that San Diego will not participate in a federal program where local police perform the duties of immigration officers.

In a March 15 memo to the City Council, Faulconer reaffirmed the city’s police department will not take part in a provision of the Immigration and National Security Act that allows the federal government to enter into agreements with state and local law enforcement agencies to enforce immigration law.

“Such an agreement would essentially task local law enforcement officers with doing the job of the federal government and places an unfair financial burden on local taxpayers,” Faulconer’s memo says.

The mayor says city police officers do not stop people exclusively to determine their immigration status, and they do not ask the immigration status of people who are victims or witnesses of crimes. If a person is suspected of committing a crime, however, San Diego’s police officers work with regional, state and federal authorities to hold them accountable regardless of their immigration status.

“Our police department is committed to protecting everyone in our community and bringing criminals to justice,” he said in the memo. “The stronger the partnerships are between law enforcement and residents, the more successful we will be at keeping our neighborhoods safe.”

Some local law enforcement officials in San Diego and elsewhere have expressed concern that if their officers become involved in front-line immigration enforcement it would detract from crime-fighting efforts because witnesses would be reluctant to come forward.

The memo reinforces the mayor’s continued non-endorsement of the new administration’s immigration policies. His recent comments in reaction to tougher policies from President Donald Trump have reiterated the benefits of legal immigration and the importance of the cross-border relationship between San Diego and Tijuana to the region’s economy, culture and social fabric.

The mayor’s office issued the memo in response to a request from City Councilmembers David Alvarez, Georgette Gomez and Chris Ward.

In releasing the memo on Twitter earlier this week, Alvarez said the three had “asked the mayor/SDPD to not participate in ... Trump's deportation force.”

Alvarez said the police department’s current policy improves public safety by making people feel comfortable reporting a crime whether or not they are in the country legally.

“That’s what we wanted and ensured,” he said. “We want people in San Diego to be confident that their police department responds to their needs and that they are safe.”

San Diego has never declared itself a “sanctuary city” and Faulconer has flatly rejected the notion that it is one, even though it is on lists of such municipalities compiled by some conservative groups.

Sanctuary cities are loosely described as those that refuse to cooperate with federal immigration work. But the lack of a consistent definition has caused uncertainty. This was underscored in early February when Homeland Security Secretary John Kelly visited San Diego’s border region. During a meeting with local officials, San Diego Police Chief Shelley Zimmerman asked him for a definition and Kelly responded, “I have no clue.”

Alvarez said that he believes there would take legal action if it’s decision to not be a part of the National Security Act program causes the Trump administration to classify San Diego as a sanctuary city.

“If it attempts to do that we have the right as a city to be able to defend ourselves against what I would consider unconstitutional actions from the federal government. I think there would be a very strong case to be made,” Alvarez said.

In a January 25 executive order, Trump said the Department of Homeland Security, the federal organization that primarily enforces immigration laws, will meet with state and local governments to make agreements to “perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary”

The program requires local police officers to be U.S. citizens, complete a background check, have a year of experience in their current position, and have no pending disciplinary actions to participate. They must also complete an initial four-week training program and a refresher course every other year.

According to ICE, 37 law enforcement agencies participate, but only one, the Orange County Sheriff’s Department, is from California. One large metropolitan police department, Las Vegas, is part of the program.

Under the agreement with Orange County, the sheriff’s department will detain immigrants at the request of Immigration and Customs Enforcement, after completing a jail sentence, and transport them to a location of ICE’s choosing.

In his memo, Faulconer said San Diego law enforcement cooperates with immigration authorities.

“County jail officials notify ICE liaisons of the immigration status of individuals upon booking,” he said.